PEOPLE v. KLEIN (2004)

 Defendant appeals from a judgment convicting him upon his plea of guilty of sodomy in the third degree (Penal Law former § 130.40[2] ) and sexual abuse in the third degree (§ 130.55).   Supreme Court did not abuse its discretion in failing to order sua sponte a competency examination pursuant to CPL 730.30(1) (see People v. Brown, 9 A.D.3d 884, 885, 779 N.Y.S.2d 683).   Nor did the court abuse its discretion in denying defendant's motion to withdraw the guilty plea.   Although the record indicates that defendant had previously undergone psychiatric treatment, “[t]here was not the slightest indication that defendant was uninformed, confused or incompetent” when he entered the plea (People v. Alexander, 97 N.Y.2d 482, 486, 743 N.Y.S.2d 45, 769 N.E.2d 802;  see People v. Beaty, 303 A.D.2d 965, 755 N.Y.S.2d 911, lv. denied 100 N.Y.2d 559, 763 N.Y.S.2d 816, 795 N.E.2d 42).   Defendant's alleged lack of awareness that the conviction could result in deportation does not affect the voluntariness of the plea or warrant its vacatur (see 220.50 [7];  People v. Ford, 86 N.Y.2d 397, 403-404, 633 N.Y.S.2d 270, 657 N.E.2d 265).   Defendant, a native of Romania, had lived in the United States for approximately 30 years at the time of the plea proceeding, and he assured the court that he understood English well enough to comprehend that proceeding.   Thus, the record belies the present contention of defendant that the plea was not knowingly and voluntarily entered because of his inability to speak and understand English (see People v. Rodriguez, 221 A.D.2d 820, 821, 633 N.Y.S.2d 680, lv. denied 87 N.Y.2d 924, 641 N.Y.S.2d 606, 664 N.E.2d 517;   People v. Ramirez, 137 A.D.2d 770, 524 N.Y.S.2d 840, lv. denied 71 N.Y.2d 1031, 530 N.Y.S.2d 567, 526 N.E.2d 59).   Finally, defendant's belated claim of innocence lacks support in the record and is contrary to defendant's admissions at the plea proceeding (see People v. Falaro, 284 A.D.2d 972, 726 N.Y.S.2d 900).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: